4115-7-03 Purchase Waivers.

(A) Notice of adequate lead times shall be given by the government ordering office to the central nonprofit agency in which determination by the qualified nonprofit agency to produce and supply can be made.

(B) The central nonprofit agency shall grant a purchase waiver for a government ordering office to procure from commercial sources products or services on the procurement list when all of the following conditions are met:

(1) The product or specific service site has been approved and is on the committee procurement list and the waiver is limited to a specific time frame.

(2) The central nonprofit agency cannot furnish a product or service on the committee procurement list within the time period required by the government.

(3) The product or service on the procurement list is available from commercial sources in the quantities and at an earlier time than it is available from the qualified nonprofit agencies.

(C) When the conditions in paragraphs (B) (1) to (B) (3) of this rule are met, the central nonprofit agency shall provide a purchase waiver promptly and shall specify the quantities and the time frame covered by the waiver, and shall notify the committee of its action.

(D) The central nonprofit agency may grant a purchase waiver when the quantity involved is not sufficient for economical production or provision by the qualified nonprofit agencies.

(E) The central nonprofit agency shall inform the committee prior to issuing any purchase waiver exceeding fifteen thousand dollars.

(F) Any decision regarding the central nonprofit agency granting a purchase waiver may be appealed to the committee by the governments and by the qualified nonprofit agencies. The committee shall grant a waiver when it deems such action is appropriate.

R.C. 119.032 review dates: 04/07/2003 and 04/07/2008

Promulgated Under: 119.03

Statutory Authority: 4115.33

Rule Amplifies: 4115.31 , 4115.32 , 4115.33 , 4115.34 , 4115.35

Prior Effective Dates: 9/29/77, 10/9/97